Neutral Citation No. - 2025:AHC:125584 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9537 of 2025 Applicant :- Divyansh Gahlot Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shantanu, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.28 of 2025, under Sections 308(2), 319(2), 318(4), 336(3), 337, 338, 340(2) B.N.S. and Section 66-D of IT Act, Police Station- Cyber Crime, District- Agra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is not named in the FIR and his name has come up subsequently in the statement of co-accused person Arif Khan which has no evidentiary value in the eyes of law. 5. Learned counsel for the applicant has further stated that an amount of Rs.2,80,000/- was transferred to the account of said accused person Arif Khan, but the applicant is not a beneficiary of the said account. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is not named in the FIR and no any amount has been transferred to his account, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Divyansh Gahlot, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 29.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad